Claim by spouse on transferred property through gift deed
Vijaykumar
(Querist) 30 May 2012
This query is : Resolved
Dear All,
One of my friend had booked flat in Mumbai. Though he has not received possession letter from the builder and society is not yet registered, builder has allowed him to occupy the said flat as all the internal and external work of the building is already done. He has already repaid loan amount to bank and made title cleared for the said flat. Now he wants to transfer the said flat to his brother out of his responsibility towards him who has also shown consent. Transfer of the property will take place through Gift Deed and will be registered at Registrar Office after paying stamp duty & registration charges. My question is whether builder can charge him transfer fees on the flat transferred through gift deed ? Whether his brother will have absolute ownership on transferred flat to him ? Can anybody make claim in future through any law / court on the said flat including friend’s spouse as friend’s wife is living separately and may be in process of divorce to him in future. His wife lived with him about 4 to 5 months only and property was purchased / booked before marriage.
Vijay
vhaldankarca@yahoo.com
ajay sethi
(Expert) 30 May 2012
1)dont make the mistake . builder will charge trnasfer charges an dit will be more thn a lakh .
2) yes brother will have absolute right on flat transferred by gift deed duly stamped and regd
3) the real reason why you are transferring is because you fear wife will claim rights on said flat .
4) better sell the flat to avoid legal complications
Shonee Kapoor
(Expert) 31 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
